Liechtensteinisches Stiftungsrecht

Publishers: Stämpfli Verlag AG Berne, Manz Verlag Vienna, 2005, 880 pages

ISBN-10: 3727291176

About the book:
This book is the first comprehensive treatise on Liechtenstein foundation law. The author first traces the roots of the relevant statutory provisions of the Liechtenstein Law of Persons and Companies (PGR) that govern foundations. This leads on to a thorough comparative study of Liechtenstein’s foundation law and its original model, the relevant section of the Swiss Civil Law Code. This is followed by an extensive legal analysis, especially of the systematic position of the foundation within the PGR, its features, the various types of foundations, basic issues regarding the formation, termination and supervision of a foundation, as well as the legal position of the beneficiaries and of the founder. Much attention is given to the relevant (and sometimes unpublished) case law. Special features of Liechtenstein’s law, such as the founder’s influence, the fiduciary formation of a foundation and the fiduciary exercise of the founder’s rights, are discussed in detail.

Book Review:

from Priv.-Doz. Dr. LL.M. Rainer Kulms in: European Business Organization Law Review 7 (2006) page 879 to 884
"This book is set to become standard reading for anybody working on Liechtenstein foundations. It is a most comprehensive analysis of the relevant Liechtenstein case law, drawing heavily on Austrian and Swiss court cases in order to support the comparative law approach the author advocates and so convincingly sustains throughout his voluminous study. Liechtenstein’s law on foundations may be singular, but it is certainly not so unique as to ignore its Swiss origins. Bösch thoroughly surveys the relevant literature, which includes English law references to the law of trusts. He is inspired by an unwavering enthusiasm for market transparency and creditor protection. This approach is highly thought provoking and perhaps slightly disconcerting to some local foundation law practitioners. From a more global perspective, the author should be congratulated for his impressive case study on a small jurisdiction that has to tread the difficult path between demands for a competitive legal system and transparent capital markets."

 

Die liechtensteinische Treuhänderschaft zwischen Trust und Treuhand

Publisher: GMG Juris Verlag, 1995, 562 pages

ISBN-10: 395204265X

About the book:
"Die liechtensteinische Treuhänderschaft zwischen Trust und Treuhand" (“The Liechtenstein Trust as a mixture of Anglo-American Trust and German Treuhand”), doctoral thesis Innsbruck (1993); slightly altered version published in book form as No. 2 of the Schriftenreihe zum liechtensteinischen Recht (SLR), GMG Juris Verlag 1995, Mauren (FL) ISBN 3-9520426-5-X.

The book deals in particular with the scale of the reception of the common law trust into Liechtenstein law. It was reviewed by Dr. Georges S. Baur, in the Liechtensteinischen Law Gazette (LJZ), 1997, 11 seq. as well as in the Swiss Law Gazette (SJZ), 1997, 445 seq.

 

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